by Tanya Metaksa
Latest developments—Federal: H.J. Res 69; H.R. 1537; H.R. 1181; H.R. 358, H.R. 1776 & S.618; BLM-Colorado; Judicial: Gorsuch Senate vote-54-47: Gorsuch says, “Whatever is in Heller is the law, and I follow the law;” Wisconsin Carry, Inc. v. City of Madison; Kolbe v. Maryland; Wollschlaeger v. Governor of the State of Florida; US v. Robinson; State Legislation: Iowa, Kentucky, Maine, Maryland, Massachusetts, Montana, Nebraska, Nevada, North Carolina, Oregon, Texas, Washington.
Veterans 2nd Amendment Protection Act, H.R.1181 passes the House 240-175. Under Pres. Obama the VA automatically reports any veteran using a fiduciary (someone to help him with his financial affairs) as “mentally defective” thereby disqualifying the veteran from owning a firearm. HR1181 requires that a veteran be adjudicated mentally deficient before losing Second Amendment rights.
H.R. 1776, Protecting the Second Amendment Act, permanently prohibiting executive actions such as multiple rifle sales reporting that was initiated by the Obama Administration, has been introduced.
Right-to-Carry Reciprocity: US Rep. Richard Hudson (R-NC) introduced the Concealed Carry Reciprocity Act of 2017 (H.R. 38) on the first day of the 115th Congress with 63 co-sponsors. On Mar. 1 Sen. John Cornyn (R-TX) introduce the Senate version, Constitutional Concealed Carry Reciprocity Act of 2017, S.446, with 30 co-sponsors. The proposed legislation would compel states to recognize concealed carry permits issued from other states that have concealed carry laws within their own borders — much in the same way a driver’s license is recognized. The bill aims to eliminate the confusion of varying state-by-state laws and provide protection for Second Amendment rights for permit holders.
Allowing the Interstate Transport of Firearms: Two bills, H.R. 358 and S.618, guaranteeing the right to transport an unloaded firearm between two locations where possession of such firearm is legal even though state or local laws along the route of travel deny the transport, have been introduced.
H.J. Res 69, revoking the Obama Administration’s seizure of authority to manage fish and wildlife refuges from the state of Alaska, has passed the House and passed 52-47 in the Senate. It now goes to President Trump who is expected to sign.
US Fish and Wildlife ban on traditional ammunition: Interior Department Secretary Ryan Zinke’s first order of business was to withdraw Order No. 219. (See last days of Obama administration below regarding Fish & Wildlife)
S.59, the Hearing Protection Act of 2017: Sen. Mike Crapo (R-ID), Sen. Jerry Moran (R-KS) and Sen. Rand Paul (R-KY) introduced S.59. In the House Rep. Jeff Duncan (R-SC) and Rep. John Carter (R-TX) and 42 cosponsors have introduced the companion piece—H.R. 367.These bills would remove sound suppressors from the current regulation under the National Firearms Act where the purchase of a suppressor is subject to the same background check, the transfer forms and the $200 tax as fully automatic firearms. The introduction of these laws has sent the anti-gun proponents and media into a frenzy with much editorializing that is misleading if not outright fallacious.
DC 2nd Amendment Rights: On Jan. 17 Sen. Rubio introduced S. 162, a bill to restore Second Amendment rights in the District of Columbia.On March 15, Rep. Thomas Garrett (R-VA) introduced the House companion bill, H.R.1537.
The Trump Administration
Judge Neil M. Gorsuch became the next Associate Justice of the Supreme Court on April 7. The vote was 54-47 with Democrat Senators, Manchin, Heitkamp, Donnelly voting in affirmative. Isakson (R-GA) was absent due to back surgery. Sen. Dianne Feinstein asked Judge Gorsuch if he agrees with the majority opinion in the Heller case, Gorsuch stated, “Whatever is in Heller is the law, and I follow the law.” Following three days of hearings anti-gun Sen. Schumer announced he was voting “No” on Gorsuch’s confirmation. The NRA wrote a letter to members of the US Senate to express their support for Gorsuch and to inform them that this vote will be “scored.”
President Trump signed H.J. Res.40, repealing the December regulation by the Social Security Administration (SSA) to characterize those persons whose disability insurance and Supplemental Security Income is being managed by a third party as “mentally defective” and thus reported to the National Instant Check System as prohibited from owning or purchasing a firearm.
Bureau of Land Management (BLM) is beginning the process to manage 658,200 acres of land in Eastern Colorado—target shooting on this land may be adversely affected. The proposal can be viewed at: http://on.doi.gov/1HVULcA. Comments can be submitted through May 5.
Wisconsin Carry, Inc v. City of Madison: The case was whether the Transit Commission of the City of Madison could prohibit passengers with Right-to-Carry permits from bearing weapons on its buses. The Commission in 2005 prohibited persons from “bringing any items of a dangerous nature onboard buses including: weapons (pistols, rifles..” The petitioners requested that Metro Transit change the rules as a result of the 2011 Act 35, authorizing the carrying of weapons with a required license, and the WI preemption statute §66.0409. Both the Wisconsin Circuit Court and the Court of Appeals affirmed the Transit Commission’s denial of this request, but the Wisconsin Supreme Court reversed the decision of the Court of Appeals stating, “In sum, the City may not enforce the Rule against concealed-carry licensees who are in compliance with the Concealed-Carry Statute.”
Kolbe v. Maryland: During the aftermath of the Sandy Hook school shootings in 2013 the Maryland legislature passed a draconian gun law banning so-called “assault weapons” and high capacity magazines. In August 2014 the US District Court for the District of Maryland wrote, ““Upon review of all the parties’ evidence, the court seriously doubts that the banned assault long guns are commonly possessed for lawful purposes, particularly self-defense in the home, which is at the core of the Second Amendment right, and is inclined to find the weapons fall outside Second Amendment protection as dangerous and unusual.” That ruling was appealed and on Feb. 4, 2016 the 4th Circuit Court in a 2-1 decision vacated the district court decision. An en banc review of this decision was conducted in May 2016 and a decision upholding the Maryland ban and magazine limitation stating, these arms “are not protected by the Second Amendment” was handed down on Feb. 21, 2017.
Wollschlaeger v. Governor of the State of Florida: Commonly known as Docs vs Glocks, this case has been in the courts for over 4 years since the law was passed in 2011. This law stated that health care workers cannot ask their patients about gun ownership. The Brady Center, representing a group of physician lobbying organizations, took the law to court citing First Amendment concerns. The full US Court of Appeals for the Eleventh Circuit heard arguments and on Feb. 16, 2017 the Court reversed “the record-keeping, inquiry, and anti-harassment provisions” saying these provisions violated the First Amendment rights of the doctors, while affirming the anti-discrimination provisions that protected the patients ability to not answer any question regarding firearms’ ownership.
Knutson v. Curry: A lawsuit brought by the Second Amendment Foundation (SAF) in which a legal resident, but not a US citizen, cannot apply for a Right-to-Carry permit due to current Montana law, has been stayed pending the disposition of Montana HB273 and it looks as if the suit will be moot since the bill is on its way to Gov. Bullock for signature.
United States v. Robinson: In 2014 Shaquille Montel Robinson, was arrested as a felon in possession after an anonymous tip of a man with a gun and convicted Robinson “filed a motion to suppress the evidence of the firearm and ammunition seized during the frisk, arguing that the frisk violated his Fourth Amendment rights.” A three-judge panel of the 4th Circuit Court of Appeals overruled Robinson’s conviction and the government requested a further hearing en banc. The en banc decision found that Robinson’s Fourth Amendment rights were NOT violated. However, in writing a separate brief Judge James A. Wynn wrote, “Individuals who choose to carry firearms are categorically dangerous to the Terry frisk inquiry. Accordingly, the majority decision today necessarily leads to the conclusion that individuals who elect to carry firearms forego other constitutional rights, like the Fourth Amendment right to have law enforcement officers ‘knock-and-announce’ before forcibly entering homes.”
Worman, et al. v. Charles D. Baker, et al: Since Massachusetts has banned so-called “assault weapons” but since 1998 has allowed similar firearms to be sold and transferred thus becoming “Massachusetts Compliant Firearms,” but in 2016 Attorney General Maura Healey redefined the phrase “copies or duplicates” and expanded the “assault weapons” prohibition to include “Massachusetts Compliant Firearms,” and criminalized the transfer of tens of thousands of such firearms. The lawsuit is arguing that the MA law on “assault weapons” violated the Second Amendment and that Healey’s definition denies the plaintiffs due process of law. During the week of Feb. 6 the Attorney General’s office sought and extension on responding to the complaint.
In 2017 Republicans will continue to control over 2/3 of the 99 legislative houses. Additionally 25 of the states not only have a Republican legislature, but a Republican governor as well, while only the states of HI, CA, OR, CT, and RI have a Democratic governor and Democratic controlled legislature. Georgia, Idaho, Maryland, New Mexico, Utah and Virginia have adjourned as of April 5, 2017.
SB24, a bill allowing permitless concealed carry, has passed the Senate Judiciary Committee 6-3 and now will be considered on the Senate floor. HB414, the companion bills to SB24 was introduced. SB2, a clarification of Alabama’s preemption law, has been introduced.
SB1243, expanding where Right-to-Carry permittees can carry concealed, lost in the Senate. HB2287, revising the mental state of a person who unlawfully discharged a firearm to “intentionally, knowingly or recklessly,” has passed both the House and the Senate Government Committee.
Gov. Asa Hutchinson signed HB1249, expanding where Right-to-Carry permittees can carry concealed. SB724, amends several sections of HB1249 by prohibiting carrying in several areas, has passed the Senate and the House but needs to go back to the House for concurrence. HB1629, by expanding the relationships that quality as “domestic violence” the bill would expand some misdemeanor crimes to the level of felonies thus prohibiting gun possession, has passed the House Judiciary Committee. HB1265, has been deferred. Two pro-gun Senate bills have been introduced—SB37, creating a Second Amendment Appreciation Weekend in Sept as a tax holiday on firearms sales, and SB126, creating a Tax Holiday for firearms purchases.
AB757, a shall issue Right-to-Carry bill, has been defeated in the Assembly Public Safety Committee. AB521, reducing the price of an elk permit, passed the Assembly Water, Parks and Wildlife Committee. SB497, expanding the one handgun purchase per month limit to all firearms, was pulled from the agenda of the Senate Public Safety Committee on Mar. 28. Assembly Public Safety Committee passed: AB424, removing the authority of school superintendents to allow concealed weapons in schools, passed the on a 5-2 party line vote, and AB7, banning open carry. SB464, mandating gun stores to lock firearms in a secure facility during non-business hours, passed the Senate Public Safety Committee. AB986, reducing sporting license fees for veterans, passed the Assembly Water, Parks and Wildlife Committee. AB1544, allowing a suspension of the current ban on traditional ammunition if non-lead ammunition is unavailable, has been introduced. The CA Department of Justice (DOJ) withdrew the regulations it had submitted regarding newly classified “assault weapons” on Feb.10. Both the NRA and the CRPA had written a letter objecting to the regulations.
In 2013 the legislature met and passed a magazine capacity limitation law. Every year since a bill has been introduced to repeal that law—this year the bill is SB7 and it passed the Senate 21-13. A similar bill, HB1097, was defeated on a party-line vote in the House State, Veterans & Military Affairs Committee. SB17, a bill legalizing switchblade knives, was signed by Gov. Hickenlooper.
Gov. Dannel Malloy, who has a history of being anti-Second Amendment, has proposed increasing the state fee from $70 to $300 for Right-to-Carry permits in his budget proposals. That bill, SB787, was before the Joint Committee on Finance, Revenue, and Bonding on Mar. 9. According to US News, “Gun rights supporters turn out to oppose fees.” In addition to opposition at the hearing over 98% of comments sent to the Committee were in opposition to the increase in permit fees. A study by the National Shooting Sports Foundation (NSSF) found that the anti-gun climate in the state has cost tax revenues from firearms businesses to fall from $134 million in 2013 to $85 million in 2016. They named it “the Malloy economy.” Proposed Bill 6200, requiring persons who openly carry firearms to display their permit immediately to law-enforcement, failed in the Joint Judiciary Committee and is dead for the session, Three hunting bills were before the Conn. Joint Committee on Environment Mar. 6: HB5499, allowing hunting on Sundays; SB942, ban legally acquired hunting trophies of African “Big Five” game; and SB522, institute a bear hunting season, that received a joint favorable substitute, Substitute for SB-522.
SB128 (that had already passed the Senate), restoring the presumption of innocence in self-defense cases, was substituted for HB245, has been amended and passed in the House and sent back to the Senate. The following bills have passed the House: HB779, allowing Right-to-Carry permittees to temporarily display their concealed weapon; HB849, restoring private property rights to churches; HB965, prohibiting the imposition of sales tax on fingerprint services required for firearms license applications; and HB467, reducing Right-to-Carry permit fees. SB646, allowing Right-to-Carry permittees to temporarily display their concealed weapon, was scheduled before the Senate Judiciary Committee on Mar. 28, but was temporarily postpone because of Sen. Anitere Flores’ (R-Miami) objection. SB616, allowing a Right-to-Carry permittee to surrender a weapon when going into a courthouse has passed the Senate Judiciary, the Government Oversight and Accountability Committees and is now in the Rules Committee. SB1536/HB1231, a section of this bill dealing with posting on private land, has been removed in the Senate Agriculture Committee and the House Ways & Means Committee. The Senate Judiciary Committee passed SB1052, a fix of the Castle Doctrine law, and SB1330, restoring private property rights to churches. SB912, exempting law enforcement from 3-day waiting period, and SB620, allowing Right-to-Carry permittees to carry into a meeting of the Legislature, have been introduced. SB140, a bill to allow campus carry, open carry and carrying in public areas of airports introduced by Sen Steube has now been split into several individual bills: SB610, requiring businesses who prohibit Right-to-Carry permittees to assume responsibility for their safety, SB618, allowing Right-to-Carry permittees to carry firearms into an airport with the exception of a sterile area; SB626, allowing Right-to-Carry permittees to carry into a meeting of the local governing bodies; SB644, allowing Right-to-Carry permittees to carry into a meeting of the legislature and HB6005, is a campus carry bill.
Gov. Nathan Deal has signed HB406, extending Right-to-Carry reciprocity with VA. HB280, expanding campus carry, and HB292, dealing with reciprocal agreements on Right-to-Carry permits and other safeguards, passed both Houses will be sent to Gov. Nathan Deal for his consideration. SB99, allowing those who have been involuntarily committed to regain their Second Amendment rights through a hearing process rather than waiting the current Georgia requirement of 5 years, has passed the Senate 52-1, but has not been considered by the full House.
SB898, permanently stripping a person of Second Amendment rights due to an ex-parte warrant application based on probable cause, and SB1036, allowing firearm owners who were unable to register their firearms within the 5 day time period to do so without penalty, have passed the Senate. HB1589, allowing the ownership and use of firearm sound suppressors while hunting, has died. SB280, prohibiting gun ownership to persons placed on the “Terrorist Watchlist” was deferred.
The Idaho legislature has adjourned. HB93, allowing active military members from states other than Idaho to carry without a permit within city limits, has been signed by Gov. Butch Otter.
HB2354, allowing family or law enforcement to petition a court to take away a person’s gun without due process, can be voted on the House floor at any time. SB1985, a lead ammunition ban, passed the Senate Environment and Conservation Committee. SB1291, allowing family members to petition the court for an ex parte restraining order without any input from the person who is the target of the order, is before the Senate Judiciary Committee on Mar. 7. Senate Amendment 2 to SB9 would impose a 5% tax on membership or access fees for gun clubs, shooting ranges, training classes, etc. In addition it would require that any of those venues pay a state fee of $75. A reintroduction of a 2016 bill to legalize the possession and use of suppressors (SB50) has been introduced. A hearing on this bill was cancelled.
HB1071, allowing those petitioning for a civil protective order to carry a handgun without a permit, has passed the House 72-26 and is awaiting Senate action. HB1095, changing Indiana’s definition of “armor piercing ammunition” to mirror federal law has passed the Senate with amendments and needs House concurrence.
Gov. Terry Branstad signed HF517 that includes such important legislative reforms as: Stand Your Ground, allowing the lawful possession of a concealed firearm on capitol property, prohibiting any state agency during a declared state of emergency from restricting the lawful use or firearms or their confiscation, and keep information concerning concealed carry applicants and permittees confidential. Senate Joint Resolution 2, a constitutional amendment to the Iowa Constitution that would add a Right to Keep and Bear Arms, has been introduced with by 29 of the 50 Senators. HF145, expanding background checks to all firearms transfers, and HF157, prohibiting so-called “assault weapons,” have been introduced.
An attempt to roll back campus concealed carry failed in the House on April 4. Although the House Federal and State Affairs Committee defeated HB2150, banning the carrying of a firearm into the Kansas University Hospital, on Feb. 15, a new bill, HB2278, surfaced to do the very same thing. It is currently in the Senate where it was substituted for SB235 that had already been defeated. Several bills to repeal Kansas Right-to-Carry laws have been introduced: HB2113 and SB51, to block a 2013 law to enable Right-to-Carry permittees to carry in public universities beginning in July 2017. On Jan. 31 the Senate Federal and State Affairs Committee defeated SB53, repealing the right to carry on college campus.
Gov. Matt Bevin signed HB417, modifying Right-to-Carry training. SB7 and HB316, constitutional carry bills have been introduced.
LD351, allowing municipalities to restrict where firearms could be carried, is awaiting House action. LD88, allowing persons to keep their firearms and ammunition in their vehicle while on school property when dropping or picking up a student, is scheduled to be before the Joint Education and Cultural Affairs Committee. LD31, a constitutional amendment to make the “Citizen Initiative” process more equitable, is before the Committee on Veteran and Legal Affairs Committee, will be before the House. On Mar. 24 the Committee on Criminal Justice and Public Safety voted on the following bills: Pro-gun—LD9, prohibiting gun registration, LD350, repeal state law requiring an FFL to make copies of federal forms, and LD351, allowing municipalities to restrict carrying of firearms in municipal public proceeding and polling places, were voted “ought to pass;” while LD44, lowering the age for Right-to-Carry permits to 18, LD574, eliminating the present requirement for a Right-to-Carry permittee to inform a police officer that the person has a firearm, and LD501, requiring proof of completion of firearms training by a purchaser of a firearm, were voted “ought not to pass.” LD595, prohibiting firearms’ seizures by law enforcement unless a Class A,B, or C Crime had been committed; and eliminating the present requirement for a Right-to-Carry permittee to inform a police officer that the person has a firearm when stopped by a police officer, and LD443, allowing municipally funded hospital to restrict firearms, were not voted on. LD352, requiring a gun lock to be sold with every firearm sold, has been amended with a sales tax exemption for gun locks and gun safes and have been referred to the Committee on Taxation.
The Maryland legislature has adjourned.
HB3081, creating new protective orders that allow prohibiting persons from owning firearms without due process, has been introduced. SD1884, calls for a new 4.75% tax on firearm and ammunition, personalization technology in firearms, and a restriction on all private sales. The sponsor of the bill was quoted as saying, “I want to make it harder and harder to get guns in and get guns into the hands of people who shouldn’t have them,” Obviously, she thinks no one should have guns—especially those who pay taxes.
A Constitutional Carry group of bills has been introduced and assigned to the House Judiciary Committee: HB4416, 4417, 4418 and 4419.
Although the House Committee on Public Safety and Security Policy and Finance met to consider HF188, a constitutional carry bill, and HF238, a stand your ground bill, both bills have been held over. SF650 is the Senate companion to HF188. These bills do not eliminate the current carry permitting system which allows persons to get a permit if they so desire. Companion bills SF1263 and HF1678, appropriating $200,000 from MN taxpayers for providing grants to anti-gun organizations, have been introduced. HF1356, banning the use of lead ammunition for deer hunting, has been introduced.
HB458, a bill allowing lawful owners of firearms to transport or store firearm in locked, privately owned vehicles without fear of civil or criminal liability or employer retribution; HB853, allowing a tax deduction for firearm training/safety courses; and HJR4, a constitutional amendment to guarantee the Right to Hunt and Fish, have been introduced. Anti-gun bills that have been introduced are: SB318/HB766 that would add misdemeanor convictions as prohibiting Second Amendment rights; HB185/SB181, requiring lawful gun owners to report firearms’ theft or loss within a short period of time or else face penalties; HB363, making all private firearms transfers without a background check illegal; HB365, establish gun seizure warrants without due process as a result of protection orders; and HB929, repealing some self-defense laws.
Gov. Steve Bullock has issued an amendatory veto of HB494, allowing Right-to-Carry permittees to carry in restaurants. His amendment would allow carrying in restaurants where liquor is NOT sold. The legislature can accept the veto or vote to override HB262, a permitless carry bill, and HB273, (see Knutson v. Curry in Judicial) allowing permanent lawful residents (not citizens) to apply for a Right-to-Carry permit, have passed both Houses and are on Gov. Steve Bullock’s desk. SB236, proposing a Right to Hunt and Fish Constitutional Amendment, passed the Senate Judiciary Committee.
LB68, creating a preemption law that ensures that firearm and ammunition laws are set by state statute has passed the first of three required votes in the Senate during the first week of April. LB637, keeping information concerning concealed carry applicants and permittees confidential, was before the Judiciary Committee on Mar. 8 but no action has been taken.
The Senate Judiciary Committee passed their SB124, expanding the list of Second Amendment prohibited persons; and SB387, a bill allowing firearms to be confiscated without due process. AB118, allowing members of the military between 18 and 20 years of age to obtain a Right-to-Carry permit, passed the House Judiciary Committee and is awaiting House action. SB115, banning the carrying of guns in public library and other places, passed the Senate 12-9 and is awaiting action in the House Judiciary Committee. All remaining gun bills are dead.
After several years of former Gov. Maggie Hassan vetoing a constitutional carry bill, SB12 was signed by Gov. Chris Sununu. HB201, a universal background check bill, and HB350, prohibiting carrying a firearm while voting, may be before the House soon.
A2938, allowing a mental health professional to determine the removal of a person’s gun without due process, passed the Assembly 45-24. On Mar. 6 Gov. Chris Christie (R) announced new police rules that would allow the State Police to include justifiable need when issuing handgun carrying permits. The next day according to US News, “Democrats vowed Tuesday to fight Gov. Chris Christie’s decision to loosen restrictions on citizens seeking gun carry permits.” Since the legislature is controlled by the Democrats SCR149 was introduced without language or a hearing and approved in the Senate 21-16 and in the Assembly 46-29. The legislature sued Gov. Christie in late March to stop the implementation of his regulation including justifiable need when issuing permits.
The New Mexico legislature has adjourned and no anti-gun proposals were enacted.
A2260, a person would continue to be classified as the liable owner of a firearm—requiring the gun owner to have $250,000 of liability insurance—until the lost or stolen gun is reported to the proper law enforcement authorities, has been introduced.
H3240, recognizing all valid Right-to-Carry permits from other states, has been passed by the House Judiciary Committee. HB251/S204, allowing employees and students with Right to Carry permits to carry firearms and ammunition while on campus; HB817/SB503, a Right-to-Carry reform bill; and HB559/SB624, allowing the hunting of migratory birds on Sunday on private lands, is awaiting action in their respective committee.
Gov. Doug Burgum signed HB1169, a bill allowing permitless concealed carry. HB1310, allowing Right-to-Carry permittees to carry on school property, has passed the House. HB1200, an anti-First Amendment bill to force grass roots groups to disclose lists of their contributors in order to communicate with them, has been introduced.
HB142, eliminating the requirement that a Right-to-Carry permittee must inform a police officer that he/she is carrying, has been introduced.
The House passed HB1721, end the prohibition of carrying firearms on public buses, HB2322, strengthening the state’s preemption statute, and HB 2323, allow carrying of a handgun in a vehicle for persons over 21 years of age without a Right-to-Carry permit. SB386/HB1803, prohibiting the use of public monies for lobbying for gun control legislation, are under consideration. SB386 is before the Public Safety Committee in the Senate, while HB1803 is awaiting floor consideration. Two bills—SB275, reforming preemption laws; and SB397, remove prohibition against carrying on public buses for Right-to-Carry permittees;—are also awaiting floor votes in the Senate.
The House passed HB2566, instituting a youth hunter mentoring program for children between the ages of 9 and 17. The Senate Judiciary Committee has scheduled a hearing on Apr. 17 for the following bills: SB764, an omnibus anti-gun proposal, SB797/HB2237, requiring firearms transfers be delayed if the Oregon State Police cannot verify eligibility of the purchaser, and SB868, creating an “Extreme Risk Protection Order” (ERPO) obtained by law enforcement, family member or household member to deny a person of his/her Second Amendment right without due process of law. The House Judiciary Committee has also schedule a hearing on that date for: HJR12, and HB3281, allowing employees to keep their firearms and ammunition in their locked vehicles when parked on the employer’s or state-owned property. Since the following bills have not been scheduled it is unlikely they will be considered: SB1026, creating a felony for not locking up a firearm; SB232, requiring courts to ask a petitioner at an ex parte hearing for temporary restraining order whether respondent possess firearms and then adopting protocols to surrender or seize such firearms without the respondent defending themselves; and HB2130, mandatory gun storage;
The Game Commission met on Mar. 28 and, unlike the Jan. meeting, rejected the rule allowing semi-auto hunting. HB763 and SB224, eliminating the duplicative PA Instant Check System, have been introduced. SB5, strengthening PA’s firearms preemption statute, has passed the Senate Local Government Committee 8-3. HB248, an ivory ban that would make any currently owned ivory product illegal, has been introduced by Rep. Madeleine Dean.
Among the anti-gun bills introduced are: SB223, banning so-called “high capacity” magazines, S187, prohibiting the carrying of a handgun by anyone on a school ground, S223, banning magazines with a capacity greater than 10 rounds; H5067, prohibiting possession of firearms by those convicted of misdemeanor offenses; and H5262 & H5263, restricting possession of firearms by youths.
The House voted 64-46 to approve HB3930, a bill allowing permitless concealed carry. HB3240, allowing the recognition of all valid state Right-to-Carry permits, is awaiting action on the House floor, while HB3429, amending the state’s bankruptcy laws to allow the retention of firearms up to a value of $10,000 during a bankruptcy, was passed by the House overwhelmingly and has been referred to a subcommittee of the Senate Judiciary Committee.
HB1072, a bill allowing permitless concealed carry, has passed the House 37-30 and the Senate 23-11, but Gov. Dennis Daugaard (R) has vetoed it and it failed in the veto override session. A hunting and fishing amendment to the South Dakota Constitution, HJR1001, has been introduced. HB1091, clarifying the process for renewing Right-to-Carry permits, has passed the House 66-1. HB1200, a bill to require groups to disclose membership lists when communicating on ballot questions, has passed the House Judiciary Committee.
SB1339/HB688, allowing the carrying or possession of a firearm in a motorized boat, and HB752/SB983, to allow persons granted a protection order to carry a firearm for 60 days, have passed both Houses and now go to Gov. Bill Haslam. SB0921, the “Tennessee Hearing Protection Act,” has passed the Senate. HB508/SB445, allowing persons to sue local governments that defy state firearms preemption law, both are still awaiting action in their respective Finance Committees. HB1006/SB861, giving civil immunity to person who uses firearm in a defensive manner, failed in the House Civil Justice Committee, while SB861 is still in the Senate Judiciary Committee. The Senate version of SB386/HB367, improving Tennessee’s restoration of rights process, passed the Senate Judiciary Committee. The Senate version HB27/SB24, exempting military and veterans from Right-to-Carry permit firing range requirements, has passed the Senate. HB561/SB933, ending discrimination against firearms businesses in obtaining credit, are awaiting committee action. Additionally anti-gun bills are under consideration: HB961/SB670, allowing a temporary restraining order to lead to a person’s Second Amendment rights to be violated; HB962/SB671, creating a voluntary “do not sell” firearm registry; and HB1319/SB1097, criminalizing the private transfer of a firearm.
SB 16, reducing Right-to-Carry fees that will allow honest citizens at all income levels to have equal access to this vital personal protection option, was passed by the Senate 26-5. HB1911, a bill allowing permitless concealed carry, is scheduled before the House Committee on Homeland Security and Public Safety on Mar. 28. HB866, allowing family or law enforcement to petition a court to take away a person’s gun without due process, was heard and left in the House Criminal Jurisprudence Committee. SB221, making persons on a “terror watch” list prohibited from owning firearms and denying such persons due process, is still awaiting action in the Senate Criminal Justice Committee. The companion bill, HB300, was left pending in the House Homeland Security & Public Safety Committee. The Texas House Committee on Homeland Security considered HB255 and HB899. No action was taken on HB255, denying Right-to-Carry permittees the right to carry on certain recreational areas, while HB899, regarding property owners prohibiting Right-to-Carry permittee on their property with a handgun, was left pending in committee.
The Utah legislature has adjourned. Gov. Gary Herbert signed HB198, a bill allowing persons 18-20 years of age to acquire a provisional Right-to-Carry permit.
The Virginia legislature has adjourned. The legislature was unable to override Gov. Terry McAuliffe’s vetoes of HB1582 & HB1853, allowing persons on active duty between the ages of 18-21 to apply for a Right-to-Carry permit and provide funding; SB1299, allowing any person 21 years of age or older covered by a protective order to carry a concealed handgun for 45 days after the issuance of the protective order; and SB1300, providing funding for training for persons covered under SB1299, The Senate rejected his amendment to SB1023 that would prohibit the sharing of information on Right-to-Carry permits with states that do not honor Virginia permits with a one-handgun a month amendment, so the bill is effectively killed.
H422, allowing the confiscation of firearms if a person is accused of domestic assault without due process, has passed the House Judiciary Committee. SB6, a “universal” background check law has been introduced and in February a companion bill, H151 was also introduced. Additionally H220, banning the import, sale and possession of ivory products, has been introduced.
SB5268, modifying Right-to-Carry renewal process, and both HB1612 and SB5552, rectifying problems created by the passage of I-594 law in 2016, passed the House 97-0, but now must return to the opposite chamber for concurrence on amendments. SB5256, allowing family or law enforcement to petition a court to take away a person’s gun who is accused of sexual assault without due process, has passed both Houses and is awaiting Gov. Inslee’s consideration. All other bills have died this session.
SB575, range protection bill, has passed both Houses and HB2679, allowing the carrying of a firearm in parks and recreation areas, are on their way to Gov. Jim Justice. The following Senate bills have passed the House Judiciary Committee and are awaiting votes in the House: SB345, expanding Sunday hunting on public and private lands in the state, and SB388, allow Right-to-Carry permittees to have a firearm in the car when taking children to and from school.
LRB2039/1, a constitutional carry bill, has been introduced. AB28, revising current Right-to-Carry laws to extend permits for five years upon renewal from date of original issuance, passed in the Assembly with 2 dissenting votes. The companion bill, SB7, passed the Senate Judiciary and Public Affairs Committee unanimously. AB65 and SB34, making all private firearms transfers without a background check illegal, and AB74, reinstating the 48-hour waiting period for handgun purchase, have been introduced.
Gov. Matt Mead vetoed HB137, allowing an individual to carry a concealed weapon to any government meeting, but signed both HB194, a bill giving school employees the authority to carry a concealed firearm on school property, and HB235, expanding mentored hunting. HB136, allowing persons with a WY Right-to-Carry permit to carry concealed on the campus of a public institution of higher learning, failed in the Senate,